Schmidt v. Posner
Supreme Court of Iowa
Appeal from Cass County District Court.— Hon. O. D. Wheeler, Judge. A verdict for the plaintiffs was set aside and a new trial granted. The plaintiffs appeal.—
1Opinion of the CourtLadd, J.
The action by plaintiff was to recover moneys collected by Posner & Myers for suits of clothing furnished them in pursuance of a contract between the parties and for the value of certain samples. The counterclaim was for damages alleged to have been suffered by Posner & Myers owing to plaintiff’s refusal to fill certain orders in accordance with the terms of said contract. By way of plea in abatement, the plaintiff alleged the pendency of a suit by Posner & Myers against the plaintiff in the superior court of Cook county, 111., a court of general jurisdiction, wherein the identical damages…
2Cases cited7 opinions
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- Hatch v. SpoffordSupreme Court of Connecticut · 1852
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- McAfferty v. HaleSupreme Court of Iowa · 1868
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3Cited by6 opinions
- Fitch v. WhaplesSupreme Judicial Court of Maine · 1966
- Jones v. HughesSupreme Court of Iowa · 1912
- Reed v. HollingsworthSupreme Court of Iowa · 1912
- Beneke v. TuckerOregon Supreme Court · 1918
- McNamara v. McAllisterSupreme Court of Iowa · 1911
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